Transmale, transwomen want 'legal status'

CHENNAI: Four 'transwomen' and a 'transmale' having excellent educational proficiency have moved the Madras high court seeking 'legal recognition' and permission to write public service commission examinations, besides 3% job reservation.

The first bench comprising Chief Justice R K Agrawal and Justice M Sathyanarayanan before which the PIL filed by four 'transwomen' - S Swapna, G Grace Banu, M Selvi Manoj Premkumar and Living Smile Vidya - and 'transmale' M Selvam came up for hearing on Wednesday, issued notice to the state government and the TNPSC.

While Swapna is doing post-graduate course in Tamil after scoring 428 marks in SSLC and 1,021 in Plus Two, Grace Banu is a diploma-holder in computer engineering. Selvi Manoj Premkumar is a medal winning physiotherapist from Tamil Nadu Dr MGR Medical University. Vidya is a writer having completed post-graduation in applied linguistics.

Swapna said she had cleared the UPSC preliminary examination but was not allowed to write the main examinations because her school certificates showed her as male. For the same reason, she has not yet been issued hall ticket for Group-II examination in TNPSC. She wanted the court to permit her to write the TNPSC examination on December 1 as a female candidate.

All the petitioners, who had filed the PIL jointly, wanted the court to direct the state government to provide them three per cent reservation in jobs.

Noting that they were all discriminated against and disallowed to write examinations only on the basis of their sex despite their academic proficiency, the transgenders said it was blatant violation of fundamental right to equality under Article 14 of the Constitution. Article 14 of the Constitution used a term 'any person', which should be equally applied to men, women and transgenders, they argued.

"Each person's self-defined sexual orientation and gender identity are integral part of their personality," they said. Noting that the Tamil Nadu government had issued them identity cards recognising the third gender under 'Thirunangai' category, they said mere identity cards would not fill their stomach, unless they were provided with educational opportunities and reservation in employment.

Noting that no prejudice would be caused to anyone if they were allowed to write service commission examinations under either transgender or transwoman or transmale or male/female, they wanted the government to be directed to frame a reservation formula too.